Did you lose a family member in a fatal accident in Miami, Florida? You may be entitled to compensation for medical bills, pain and suffering, and the loss of your loved one’s support and companionship. Call an experienced Miami wrongful death lawyer at Shaked Law Personal Injury Lawyers at (305) 937-0191. We can help you through this challenging time.
Since 2007, we’ve worked hard to protect the rights of accident victims and their families in South Florida. In that time, we’ve recovered millions of dollars in compensation to help our clients move forward.
Money can’t bring your loved one back. But it can help ease the financial stress after losing them. Contact our Miami personal injury law offices for a free consultation today to learn more about legal options.
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How Shaked Law Personal Injury Lawyers Can Help With a Wrongful Death Claim in Miami
Losing a loved one can change your life in unimaginable ways. Financial insecurity is one of the most notable. You and your family may have relied on your loved one’s income to cover the costs of daily living. With them gone, you may wonder how to make ends meet.
If someone else was responsible for your loved one’s death, they should be held accountable for your financial and emotional struggles. Our Miami personal injury attorneys are here to help you make that happen.
At Shaked Law firm, our attorneys have over 100 years of experience in personal injury law. We’ve recovered tens of millions of dollars for accident victims who needed it most, including six, seven, and eight-figure awards.
When you hire Shaked Law Personal Injury Lawyers to help you, you can expect a lawyer to:
- Locate the strongest evidence available to back up your claim
- Hire experts and specialists that the insurance company will take seriously
- Assess the fair value of your case
- Negotiate to maximize your financial settlement
- Take your case to trial to get justice for your loved one’s death
How Common Are Fatal Accidents in Miami?
Fatal accidents are extremely common in Florida. For example, 3,344 people lost their lives in motor vehicle accidents during 2020. Three-hundred and forty of those fatal accidents occurred in Miami-Dade County and Broward County.
All too often, these fatal accidents occur because someone was careless. Surviving spouses, children, and parents deserve to hold responsible parties accountable for their loved one’s death.
Call for a free case review today to learn more about how our legal team can help you get justice.
What is My Miami Wrongful Death Case Worth?
You’ve already suffered an unimaginable loss. However, you won’t automatically be awarded damages to compensate for that loss.
First, you’ll have to establish the value of your wrongful death claim.
The value of a wrongful death case is based on many different factors, including:
- The circumstances of the accident
- The identities of the victim’s surviving family members
- The victim’s age and life expectancy prior to the accident
- The impact of the loss on the victim’s family
- The victim’s overall future earning potential
Wrongful death cases are unique. The value of a case can depend on the victim’s survivors. For example, if the victim left young dependent children behind, the overall settlement may be higher than if the victim had no dependents.
Putting a dollar value on a life is always complex. However, it’s the only way to hold a negligent party financially accountable for your loss. Our lawyers have handled cases like yours before and know how to maximize the value of your financial settlement or verdict. To learn more about how we can help, call for a free case review today.
What Types of Damages Are Available to Surviving Family Members in a Wrongful Death Case?
Under the Florida Wrongful Death Act, a victim’s personal representative files a wrongful death lawsuit on behalf of certain surviving beneficiaries.
Only certain survivors can recover damages, including:
- A surviving spouse
- Blood relatives and adoptive siblings, but only if they depended upon the deceased person for financial support
These surviving family members are entitled to recover certain economic damages and non-economic damages related to their loved one’s death. Economic damages compensate survivors for the financial costs incurred because of the accident. Non-economic damages attempt to compensate survivors for their intangible personal losses.
In some cases, punitive damages may be available to punish the at-fault party for intentional acts or gross negligence.
Generally, survivors in an action for wrongful death may recover compensation for:
- Medical expenses incurred from the date of their loved one’s injury to the date of death
- Lost support and services between the date of injury and date of death, including interest
- Loss of future support and services
- Loss of consortium (loss of companionship)
- Loss of parental instruction, guidance, and companionship
- Mental pain and suffering
- Funeral expenses
- Loss of prospective net accumulations (loss of inheritance)
The personal representative may also be entitled to recover damages on behalf of the victim’s estate. For example, the estate may be entitled to recover medical bills and funeral expenses if the estate paid the expenses.
Can I Recover Damages If My Loved One is Being Blamed for a Fatal Accident in Florida?
The responsible parties may try to blame the victim in a fatal accident. After all, the person who died isn’t around to defend themselves. If you don’t fight back, the insurance company could succeed in paying less than you deserve.
In the state of Florida, accident victims don’t lose their right to compensation if they share liability — unless their share of fault exceeds 50%. If the portion of blame is 50% or lower, courts and insurance companies will reduce the settlement or verdict in proportion to the victim’s percentage of fault. This system is called modified comparative negligence or comparative fault.
It’s important to speak with a skilled Miami wrongful death attorney if the insurance company is trying to blame your loved one. At Shaked Law Personal Injury Lawyers, we’ll do everything possible to downplay any allegations of shared fault. The less responsibility assigned to your loved one, the higher your settlement award will be.
What Causes Most Fatal Accidents in Miami, Florida?
If your loved one died because of another person’s negligent, reckless, or wrongful act, you may have a valid wrongful death suit.
Our attorneys at Shaked Law Personal Injury Lawyers handle all types of wrongful death claims in Miami, including those involving:
- Car accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Trucking accidents
- Bus accidents
- Uber accidents
- Lyft accidents
- Boating accidents
- Construction accidents
- Slip and fall accidents
- Dog bites and animal attacks
- Defective products
- Workplace accidents
- Medical malpractice
- Nursing home abuse
- Assault and sexual assault
- Negligent security and premises liability
You don’t have to navigate this difficult time on your own. Our lawyers are here to help. All you have to do is contact us today for a free case review.
How Do I Prove Negligence After a Fatal Accident in Florida?
Establishing liability for wrongful death is very similar to proving liability in a personal injury case. In fact, your loved one could have filed a personal injury lawsuit had they survived.
Most wrongful death claims are based on negligence. In other words, they arise from situations where someone was careless and caused an accident.
To prove negligence, you’ll have to establish:
- The responsible party’s legal duty of care
- A breach of that duty
- The amount of damages your family has suffered
There are many different ways to establish liability. Regardless of the circumstances, our attorneys can help find the proof you need. We’ll interview witnesses, locate video footage, and hire experts and specialists who can support your compensation claim.
All you have to do is give us a call to get started.
How Long Do I Have to File a Wrongful Death Lawsuit in Florida?
We know that it can be hard to imagine starting a legal battle while you’re still grieving the loss of your loved one. However, you only have a certain amount of time after your loved one’s death to take legal action.
In Florida, you have two years to file an action for wrongful death. You’ll have to file the lawsuit before the two-year statute of limitations expires or risk losing your right to compensation entirely.
Contact a Miami Wrongful Death Lawyer for a Free Consultation
Our attorneys know that you’re struggling if you’ve recently lost a loved one. A Miami wrongful death lawyer can help protect your family’s financial stability while you grieve your loss.
Call Shaked Law Personal Injury Lawyers today to schedule a free consultation.
Miami Wrongful Death-Related Blog Posts
- Dealing with Grief: A Step-by-Step Guide for Emotional Healing After the Unexpected Death of a Loved One
- Will You Go to Jail After a Fatal Car Accident in Miami, Florida?
- Motorcycle Passenger Rights After an Accident in Miami
- What Does it Mean for a Truck to Jackknife?
Highly Rated Funeral Homes Near Us
- Wade Funeral Home – 315 W Pembroke Rd, Hallandale Beach, FL 33009, United States
- Genesis Funeral Home – 5749 Pembroke Rd, Hollywood, FL 33023, United States
- St Fort’s Funeral Home & Cremation – 16480 NE 19th Ave, North Miami Beach, FL 33162, United States
- Wilcox Family Funeral Home – 7971 Riviera Blvd #110, Miramar, FL 33023, United States
*Disclaimer – we do not endorse these companies or profit from having them listed on our website.
Additional Miami Wrongful Death Resources
- Miami-Dade County Death Certificates
- Florida Health – Leading Causes of Fatal Injury
- Stats of the State of Florida – CDC
- Nolo – Wrongful Death Lawsuits in Florida